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Normative Framework (normative + framework)
Selected AbstractsEastern Donors and Western Soft Law: Towards a DAC Donor Peer Review of China and India?DEVELOPMENT POLICY REVIEW, Issue 5 2010Sebastian Paulo The international system is still governed by a normative framework designed mainly by OECD countries, especially with regard to soft-law standards in the field of development co-operation. However, the growing relevance of ,Eastern donors' is weakening its efficiency and raises the question of how compliance with these standards can be assured in a changing donor landscape. Despite efforts to integrate emerging countries into the traditional approach of the OECD Development Assistance Committee (DAC) to monitoring compliance through peer reviews, the aid architecture of the future might turn out to be a synthesis of established and new approaches. [source] Gender Quotas in Politics: The Greek System in the Light of EU LawEUROPEAN LAW JOURNAL, Issue 1 2010Panos Kapotas Positive action is currently gaining momentum in the European anti-discrimination discourse and policy-making as a necessary and effective tool to achieve the goal of full and effective equality in employment. Gender quotas in politics, however, are thought to remain outside the normative scope of Community law, the dominant view being that candidature for elected public office does not constitute employment in the sense of the relevant provisions. This article seeks to examine the Greek quota system for women in politics in its dialectical relationship to the general equality discourse and with reference to the current normative framework in Europe. The aims are threefold: to assess the legality of positive action in favour of women in politics from the point of view of EU law, to evaluate the effectiveness of the Greek system in achieving its gender equality goals, and to identify the problems that quotas in politics may pose with regard to the principle of democratic representation. It will, thus, be argued that positive measures in politics, though generally compatible with the fundamental principles of justice and representative democracy, may nevertheless be inadequate,at least in their current form,to provide effective solutions to the unequal distribution of social and political power. [source] Trajectories of Multiculturalism in Germany, the Netherlands and Canada: In Search of Common PatternsGOVERNMENT AND OPPOSITION, Issue 2 2010Elke Winter In the mid-1990s, Canadian scholarship introduced an important distinction between historically incorporated national minorities and ethnic groups emerging from recent immigration. While the former may be accommodated through federal or multinational arrangements, multiculturalism has come to describe a normative framework of immigrant integration. The distinction between these analytically different types of movements is crucial for Taylor's and Kymlicka's influential theories, but the relations between different types of national and ethnic struggles for rights and recognition have remained unexplored in much of the subsequent scholarly literature. This article starts from a theoretical position where different types of diversity are viewed as highly interdependent in practice. Tracing the trajectories of multiculturalism in three different countries, the article aims to identify common patterns of how changing relations between traditionally incorporated groups affect public perceptions of and state responses to more recent immigration-induced diversity. More specifically, it asks the following question: to what extent does the absence (in Germany), discontinuation (in the Netherlands) and exacerbation (in Canada) of claims on ethnocultural grounds by traditionally incorporated groups influence the willingness of the national majority/ies to grant multicultural rights to immigrants? [source] A Poverty of Rights: Six Ways to Fix the MDGsIDS BULLETIN, Issue 1 2010Malcolm Langford The reactions of the human rights community to the MDGs have been diverse. The goals have given a clear, communicable and quantitative focus to development but they arguably distract attention from important issues and are structurally flawed. In looking backwards, we need to consider whether the human rights gaps in the MDGs architecture are partly responsible for the mixed success of the enterprise and whether the MDGs are also being used to avoid human rights commitments. This reflection is used to look forwards to 2015 and it is argued that, even if we accept the target-based approach, human rights can make six key contributions, namely: (1) increasing participation in target selection; (2) ensuring targets better reflect human rights; (3) aiming for equality not just average improvements; (4) adjusting the targets for resource availability; (5) locating economic trade-offs within a human rights-based normative framework; and (6) improving the accountability infrastructure. [source] Global Regime Formation or Complex Institution Building?INTERNATIONAL STUDIES QUARTERLY, Issue 2 2006The Principled Content of International River Agreements This paper analyzes the principled content of 62 international river agreements for the period 1980,2000. We ask two questions: whether governments are converging on common principles for governing shared river basins and whether the effort to create a global normative framework for shared rivers has shaped the principled content of basin-level international accords. The data reveal a complex process of normative development. A few core principles emanating from global legal efforts have shown significant growth, diffusion and deepening at the basin-specific level. Others are common in basin agreements but show no diffusion or deepening. Still others are weakly represented in the data. If joint articulation of common principles is necessary for regime formation, then there is only weak evidence for a global rivers regime. But the data also reveal normative developments not captured by a regime-theoretic lens: a backlash reinforcing sovereign rights, the emergence of two seemingly conflicting clusters of principles, and an ambiguous relationship between some principles typically thought to be mutually reinforcing. The results show the need to treat principled content as an important dependent variable in the study of cooperation and to view institution building as a dynamic, multi-dimensional and multi-level process. [source] Migrants as Minorities: Integration and Inclusion in the Enlarged European Union,JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 4 2005RYSZARD CHOLEWINSKI The developing migration and asylum law and policy of the European Union aim to construct a common normative framework to address the admission and residence of diverse categories of third-country nationals in EU territory. The principles of minority protection, however, are absent from EU law, with the exception of some references in the new Constitutional Treaty and the incorporated Charter of Fundamental Rights, although they have been employed, to a certain degree, in a prescriptive and pragmatic way in the context of the accession of new Member States. However, increased EU attention to the concept of integration in recent Council policy pronouncements and newly adopted legal measures, aimed almost exclusively at lawfully resident third-country nationals, provides a space where migration policy and minority protection principles may engage more directly. This article undertakes a preliminary assessment of the points of convergence and divergence in these two sets of principles, and argues that greater convergence would result in a more coherent EU policy on integration. [source] Beyond the Dilemma of Difference: The Capability Approach to Disability and Special Educational NeedsJOURNAL OF PHILOSOPHY OF EDUCATION, Issue 3 2005Lorella Terzi In her recent pamphlet Special Educational Needs: a new look (2005) Mary Warnock has called for a radical review of special needs education and a substantial reconsideration of the assumptions upon which the current educational framework is based. The latter, she maintains, is hindered by a contradiction between the intention to treat all learners as the same and that of responding adequately to the needs arising from their individual differences. The tension highlighted by Warnock, which is central to the debate in special and inclusive education, is also referred to as the ,dilemma of difference'. This consists in the seemingly unavoidable choice between, on the one hand, identifying children's differences in order to provide for them differentially, with the risk of labelling and dividing, and, on the other, accentuating the ,sameness' and offering common provision, with the risk of not making available what is relevant to, and needed by, individual children. In this paper, I argue that the capability approach developed by Amartya Sen provides an innovative and important perspective for re-examining the dilemma of difference in significant ways. In particular, I maintain that reconceptualising disability and special needs through the capability approach makes possible the overcoming of the tension at the core of the dilemma of difference, whilst at the same time inscribing the debate within an ethical, normative framework based upon justice and equality. [source] | |||||||||||||||||||